Head off squabbles over school clubs with proper plans

When a group of high school students started a “gay-straight alliance,” our school board responded by canceling all extracurricular clubs. Many students and parents are angry about this. Is there a way for schools to deal with controversies about clubs without shutting down extracurricular activities for all of the students? — Martha Ball, Salt Lake City, Utah

The best answer is to act before a controversy erupts. A clear policy on student clubs that is widely understood and supported in the community will help prevent a crisis.

The policy must be based on the federal Equal Access Act, passed by Congress in 1984. Supporters of this Act wanted to make sure that students are permitted to form religious clubs in public secondary schools in the same way that they are allowed to form other extracurricular groups.

This means that if schools allow one extracurricular club then they must allow others, including religious and political clubs. The school must treat all such clubs equally.

The first decision a school district needs to make is whether or not to allow any extracurricular student clubs. Under the Equal Access Act, public secondary schools may decide to allow only student clubs that are directly related to the curriculum, such as history, math, or science clubs. Or secondary schools may create what the Act calls a “limited open forum” by also allowing student clubs not related to the curriculum, such as chess, service, religious or political clubs.

If extracurricular clubs are allowed, there are important provisions in the Act that will help communities understand how “equal access” works. For example, religious and political clubs must be voluntary and student-initiated. People from outside the school cannot lead or even regularly attend club meetings.

The school should work with parents and others in the community to develop additional guidelines for student clubs. It would be wise to require that every club submit a statement of purpose and bylaws. Schools may and should prohibit any club activities that are illegal or that would cause substantial disruption. For example, schools do not have to allow clubs that promote violence or racism.

At the same time, however, schools may not ban a club simply because school officials, parents, or other students don't like the content of the speech or the ideas expressed by the students wishing to meet.

One way to make sure that parents are fully involved is to require parental permission for student participation in all extracurricular activities, including student clubs. By doing this, the school ensures that parents are aware of various clubs at the school before they read about them in the newspaper. This policy will also help to eliminate many frivolous or extreme requests for clubs by students.

In the case of a “gay-straight alliance” or any other political or religious club, if it meets all of the requirements under the school's policy, then it may convene during non-instructional time on the same basis as other extracurricular clubs.

In my view, it is unfortunate when a school district shuts down the forum because a group of students has proposed a potentially controversial club. Allowing students to form a variety of clubs teaches First Amendment principles of free speech and religious liberty and gives students an opportunity to practice civic responsibility.

Many religious parents feel that this exercise is worth the risk because it gives their students the opportunity to form Bible and other religious clubs in the public school.

“Equal access” does not have to be a source of conflict. The key is for school districts to involve their communities in adopting a strong and clear policy before conflict erupts.

The good news is that, in the vast majority of school districts where it is being tried, the equal-access approach is working well.

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THE EXPERTS

The First Amendment Center is an educational organization and cannot provide legal advice.

Ken Paulson is president of the First Amendment Center and dean of the College of Mass Communication at Middle Tennessee State University. He is also the former editor-in-chief of USA Today.

Gene Policinski, chief operating officer of the Newseum Institute, also is senior vice president of the First Amendment Center, a center of the institute. He is a veteran journalist whose career has included work in newspapers, radio, television and online.

John Seigenthaler founded the Newseum Institute’s First Amendment Center in 1991 with the mission of creating national discussion, dialogue and debate about First Amendment rights and values.

About The First Amendment Center

We support the First Amendment and build understanding of its core freedoms through education, information and entertainment.

The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

Founded by John Seigenthaler, the First Amendment Center is an operating program of the Freedom Forum and is associated with the Newseum and the Diversity Institute. The center has offices in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn., and at the Newseum in Washington, D.C.

The center’s website, www.firstamendmentcenter.org, is one of the most authoritative sources of news, information and commentary in the nation on First Amendment issues. It features daily updates on news about First Amendment-related developments, as well as detailed reports about U.S. Supreme Court cases involving the First Amendment, and commentary, analysis and special reports on free expression, press freedom and religious-liberty issues. Support the work of the First Amendment Center.

1 For All

1 for All is a national nonpartisan program designed to build understanding and support for First Amendment freedoms. 1 for All provides teaching materials to the nation’s schools, supports educational events on America’s campuses and reminds the public that the First Amendment serves everyone, regardless of faith, race, gender or political leanings. It is truly one amendment for all. Visit 1 for All at http://1forall.us/

Help tomorrow’s citizens find their voice: Teach the First Amendment

The most basic liberties guaranteed to Americans – embodied in the 45 words of the First Amendment to the U.S. Constitution – assure Americans a government that is responsible to its citizens and responsive to their wishes.

These 45 words are as alive and important today as they were more than 200 years ago. These liberties are neither liberal nor conservative, Democratic nor Republican – they are the basis for our representative democratic form of government.

We know from studies beginning in 1997 by the nonpartisan First Amendment Center, and from studies commissioned by the Knight Foundation and others, that few adult Americans or high school students can name the individual five freedoms that make up the First Amendment.

The lesson plans – drawn from materials prepared by the Newseum and the First Amendment Center – will draw young people into an exploration of how their freedoms began and how they operate in today’s world. Students will discuss just how far individual rights extend, examining rights in the school environment and public places. The lessons may be used in history and government, civics, language arts and journalism, art and debate classes. They may be used in sections or in their entirety. Many of these lesson plans indicate an overall goal, offer suggestions on how to teach the lesson and list additional resources and enrichment activities.

First Amendment Moot Court Competition

This site no longer is being updated … And the competition itself is moving to Washington, D.C., where the Newseum Institute’s First Amendment Center is co-sponsoring the “Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition,” March 18-19, in partnership with the Columbus School of Law, of the Catholic University of America.

During the two-day competition in February, each team will participate in a minimum of four rounds, arguing a hypothetical based on a current First Amendment controversy before panels of accomplished jurists, legal scholars and attorneys.

FIRST AMENDMENT CENTER ARCHIVES

State of the First Amendment survey reports

The State of the First Amendment surveys, commissioned since 1997 by the First Amendment Center and Newseum, are a regular check on how Americans view their first freedoms of speech, press, assembly, religion and petition.

The periodic surveys examine public attitudes toward freedom of speech, press, religion and the rights of assembly and petition; and sample public opinion on contemporary issues involving those freedoms.
See the reports.